Article 60GF1 Susan Clairmont: Emotional judge calls Richard Taylor a ‘monster’ for burning his mother and stepfather alive

Susan Clairmont: Emotional judge calls Richard Taylor a ‘monster’ for burning his mother and stepfather alive

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Susan Clairmont - Spectator Columnist
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Richard Taylor is a monster" and pathological liar" who lit his mother and stepfather's bedroom on fire then likely held the door shut while they burned alive.

These are the extraordinary and emotional words of Justice Toni Skarica in the moments after a weeping jury found Taylor guilty of two counts of first-degree murder.

In one of the most dramatic Hamilton verdicts in recent memory, Taylor was convicted of killing his mother, Carla Rutherford, 64, and his stepfather, Alan Rutherford, 63, in a heinous arson on July 9, 2018.

You were a very unusual criminal ... How you turned out this way with your background is beyond me," said Skarica, noting Taylor grew up in a good home with a loving mother and gained an adoring stepfather, unlike most offenders convicted of first-degree murder who come from troubled homes.

You're a monster and you should never see the light of day," Skarica told him.

The six men and six women of the jury began deliberations at 1 p.m. on Wednesday and rendered their verdict at 2:50 p.m. on Friday. They asked no questions.

Taylor, who turns 47 on Monday, is a husband, a father and a former gym teacher and librarian at Hess Street School.

Jurors do not explain how they came to their verdict. However, Skarica told the packed courtroom had he been the trier of fact in this case, he too would have found Taylor guilty on both counts.

Speaking directly to the killer, who sat expressionless, Skarica said he believes Taylor stole into the Rutherfords' Dundas home and poured a flammable liquid on their bedroom floor.

You threw that match," Skarica said, emotionally. When Alan later said with his dying words that it was Rich who did it, and the door had been blocked: I infer that he saw you and he went to the door and you closed that door and those two people burned alive ... How you could do that to your loving mother and Alan Rutherford is beyond imagination."

The six-week trial heard Carla never made it out of the house on Greening Court. She died of smoke inhalation and burns to 55 per cent of her body.

Alan tried to rescue Carla. When that was impossible he tried to rescue the dogs, both of whom survived.

Then, with burns to 95 per cent of his body, he made it to a neighbour's porch to tell her and several others that Rich was the arsonist. He did it for the money.

In times of tragedy, real heroes reveal themselves," Skarica told Taylor. He couldn't get that door open because you were on the other side, blocking it. He went out that window and he did everything he could to return, knowing he was going to die, to save his wife ... He even thought about his dogs ... He was brave enough and strong enough to go to the neighbour's door to tell all of us with his dying breath that you did it.

If he hadn't done that, you would have got away with this."

Then Skarica addressed Alan's daughter, Amelia. She is expecting Alan's grandchild.

You should tell his grandchildren that he is as fine a man as ever could be," Skarica said.

Amelia and her older sister, Alison, left no dry eyes with their victim impact statements. Jurors, court staff and police officers wiped away tears.

Both women recalled they weren't allowed to touch Alan at the hospital because police told them his body was evidence.

He died around 3 p.m., July 9, without being hugged goodbye," Alison said.

The night before, Alison spoke to her dad for the last time. He and Carla were sitting out on the back patio listening to classical music.

Alan donated blood over 100 times and loved gardening. He biked everywhere and loved craft beer so much it became a competition to find one he hadn't tried yet.

What I'd most like to convey to all you is that he was real," Alison said. When you hugged him he was warm and solid. He smelled like a warm musk. His hands were rough, his moustache tickled and he had gaps in his teeth. He was a real person. Not just a picture in a newspaper or on a monitor. And that is what I lost. I lost my dad."

Amelia said that most of all, I am devastated that my unborn child and any future children will never have my dad as a grandfather. They will never have the chance for sleepovers, special day trips, pool days, learning to love plants and to feel all of the love I did when growing up."

Skarica told the court there was another hero in this case.

With that, he asked Det. Troy Ashbaugh of the Hamilton Police Service to stand.

Ashbaugh, an expert interrogator who is brought in to interview the accused in many homicide cases, looked overwhelmed as he got to his feet.

When Taylor was arrested in January 2019, Ashbaugh conducted an eight-hour interview, drawing out much of the evidence that laid the groundwork for the conviction.

Skarica said in his 40 years as a lawyer and judge, that interview is the most skilled and professional interview I have ever seen."

Taylor was in debt and he kept it a secret from everyone, especially his wife, Evangelia. He lied about it, the Crown team of Janet Booy and Mark Dean proved, including to his best friend, his brother and police.

There was no evidence the money was spent on luxuries. Nor was it used for gambling, drugs or an affair, the trial heard.

The Taylors just lived above their means, racking up credit card debts that accrued tens of thousands of dollars in interest.

The trial heard Evangelia was diagnosed with depression. Taylor testified he lied about money to insulate her from the reality of their finances.

Evangelia testified she and Taylor are separated. He testified he still loves her.

Evangelia sat in the middle of the courtroom throughout the trial. When the verdict was read out she sobbed loudly.

Skarica told Taylor he was likely the cause of his wife's depression.

We heard that your wife suffered from depression," Skarica said. She had zero control over money. For years, despite having a full-time job, she had no bank card or a credit card.

You inflicted great pain on her as well," Skarica said. She's still in love with you in my opinion."

Evangelia gave Skarica the middle finger.

Throughout all this, Taylor behaved as he had during the trial. He sat quietly at a table with his lawyers, Jennifer Penman and Kristen Dulysh.

When Skarica asked if he'd like to say anything, Taylor mumbled something about not having anything prepared, then said, No."

Shortly after that he was led away to begin serving his two automatic life sentences, served concurrently, with no chance of parole for 25 years.

Unfortunately, I have to make it concurrent," Skarica said, citing a recent Supreme Court of Canada decision that struck down consecutive life sentences. If that option was available, Skarica said he would make Taylor serve one life sentence followed by another.

The judge saved his final words for the jury, posing aloud a question they may be asking themselves.

How could anyone do something like this?"

Susan Clairmont is a justice columnist at The Spectator. sclairmont@thespec.com

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